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3VB practice director takes charge at Riverview Chambers

An incredibly naive riposte. "An experienced clerk or barrister ought to be able to weigh up a case for difficulty and length." Naturally, any clerk or barrister can assess a case for length and complexity based on tight and cogent instructions from the instructing solicitor. So, barrister x is required by a lay client to provide a written opinion. Let us assume that barrister x resolves to provide that advice prior to the involvement of a solicitor, which implicitly appears to be the Riverside approach. Lay client produces a hash of a set of a papers but barrister x forges ahead and provides for, say, £5,000 his or her written advice. The lay client thereafter divulges a crucial piece of evidence missed in the first step instructions which fundamentally alters the nature of the claim. What then happens? If you have to go back to the client seeking additional funds then your model of fixed fees and certainty is immediately broken. This is not a concern particular to hourly rate charging because, of course, any lay client requires, particularly in this market, a degree of or complete certainty. It is a question of how that certainty is delivered. As more ABS' enter the market, those proffering a fixed fee service who then renege on that service will surely find themselves out in the cold.

3-Apr-2012

4:51 pm